Allegations and dbs checks

[Goodguy]

No chanhe in my partners situation as of yet. He appears at crown in 3weeks then another wait till xmas for the trail. We got some of the statmements last week and all of them have different storys not 2 part match up from the witnesses to the accusers story so that was a bit of positive although did leave me questioning if this was the case how did they get it to court in the 1st place. As of yet my partner still hasnt looked at them as hes along the lines of putting it off.

But i do have 1 question that playing on my mind, when it goes totrail and hes found not guilty and aquited does it still show up on a dbs check or not. Just asking as he needs this to go back into his area of work and to ve able to move back in with myself. I read somewhere no matter what the outcome it stays on your record for 10 years but i dont believe it cam if a persons found innocent how can they be punished for a further 10 years

[hello88]

I'm no legal expert but as far as i'm aware, that because he has been charged it will show on a dbs. I know some people have had it removed but i think their cases didn't go as far as court (but someone could correct me if different). Don't despair though. Just because it's on the DBS doesn't always mean that they wont employ, you should always have an opportunity to say your side and then the employer can make a decision. A friend of mine was a victim of a false allegation that went to court where he got a not guilty verdict, but he works as a bus driver for a school because he explained about the allegation to his boss who still decided to take him on.

Just a quick question, do you have children and is that why he isn't allowed to be at your home?? Or is it another reason??


Keep Strong xxx

[hello88]

hi sorry, i've just re-read through your other posts and see that you do have children.

You do not need your partner to have a clear DBS to live with you and children. The social services will do their own 'investigation' based on what the police have said, the outcome of the trial, how much you've been co-operating with them so far and also you're ability to 'protect your children from risk of abuse'. Providing you've got a good enough social worker, they will probably do a risk assesment based on all those things. Generally, this 'risk assesment' is lower criteria than the police's criteria to charge (if that makes sense) The tip is, you have to prove to social services that your children are better of having your partner there than not. How are the children coping? If they are struggling let the social services know. Are they allowed supervised access at the moment???

Keep Strong xxxx

[Goodguy]

Thanks for reply. I know that after the trail social services carry out a risk assessment before clearning it for them to move back in, they was doing it last year but released they would ae o wait till after the police case was closed. I was asking about dbs checks in relation to my work as i work with other peoples children in my house and have been told by the authority and governing body that for him to move back in and have a normal relationship in the furture he would need a clear dbs after veen found innocent. Dont want to get too ahead with still having the battle of the trail to get through but we were feeling positive and thought it was worth looking into what trouble were going to have after the trail.

I do know someone who went through this 16 years ago and there dbs was clear after it but things change with time and different police areas do it differently

[Stressed out mother]

Like you i have wondered if checks in the future would highlight a problem for my son, even if he does get cleared. I also have to wonder how on earth CPS reach the decision to press charges when atatements are so full of holes.
With the events of the manchester bombing so much in focus i also wonder how police found the excuse to search our home with no search warrant and no one present, yet a suspected radical is left to be able to kill!! To say my confidence in our police force is at an all time low is an understatement.
All the hours spent on all these FA's that we see on here whilst there are real monsters out there getting away with things just makes my blood boil.

[Blingguy]

No chanhe in my partners situation as of yet. He appears at crown in 3weeks then another wait till xmas for the trail. We got some of the statmements last week and all of them have different storys not 2 part match up from the witnesses to the accusers story so that was a bit of positive although did leave me questioning if this was the case how did they get it to court in the 1st place. As of yet my partner still hasnt looked at them as hes along the lines of putting it off.

But i do have 1 question that playing on my mind, when it goes totrail and hes found not guilty and aquited does it still show up on a dbs check or not. Just asking as he needs this to go back into his area of work and to ve able to move back in with myself. I read somewhere no matter what the outcome it stays on your record for 10 years but i dont believe it cam if a persons found innocent how can they be punished for a further 10 years

http://www.lawcom.gov.uk/wp-content/...disclosure.pdf

The above link is a good read. Depending on the case, the chief constable has a discretionary tool when revealing things about dbs applicants. So technically, yes. However, i wouldn't worry too much if the person is cleared. Get a DBS done as soon as possible to find out.

[AmandaF]

DBS have decided in their wisdom that my charges have to lie on file for 5 years as they work on balance of probability.

I'm not on any banned list, but they do show up

[Blingguy]

DBS have decided in their wisdom that my charges have to lie on file for 5 years as they work on balance of probability.

I'm not on any banned list, but they do show up

That's very unfortunate. Can you outline the circumstances of the charges?

You can challenge this and appeal the imposition by taking it to court and can get legal aid.

[Rights Fighter]

I very much doubt she would be able to appeal it. There would have to be serious grounds first and it being "an imposition" is not a ground of appeal.

Also with no grounds, then there would be no legal aid.

[Goodguy]

Thanks for the advice. I don't see how it's fair in the slightest. Basically even after we've had our lives destroyed because of a lie and having to wait nearly 2 years from been reported to the trail we still have no chance of getting our lives back if this is the case. As without my salary we can't not afford to live and without a dbs check we can't be together so no matter what the outcome at trail the lie will have destroyed everything we've built and destroy 2 people's lives forever. Hopefully the advice that it may not show u0 will be correct. I know one person who was fa nearly 15 years ago managed to get 1 and it never showed up so hopefully we will be lucky enough that this is still the case so we can have some attempt at a life together otherwise I don't really see the point in any of it. Basically you have your life put on hold and sl9wly destroyed go to trail probe your innocence but still have a record how is that fair. It should be removed once they find you innocent

[Blingguy]

I very much doubt she would be able to appeal it. There would have to be serious grounds first and it being "an imposition" is not a ground of appeal.

Also with no grounds, then there would be no legal aid.

Grounds- breach of human rights - right to a private life

[Rights Fighter]

Not grounds at all. There are exceptions to most HRA Articles. This includes allegations that relate to criminal offences. People often use "Human rights" as grounds for whatever it is they have a grievance against. When it comes to criminal / alleged criminal matters, as I said, there are exceptions.

To the OP - by all means try to find a relevant solicitor who can advise you for free for half an hour to clarify.

[Blingguy]

Not grounds at all. There are exceptions to most HRA Articles. This includes allegations that relate to criminal offences. People often use "Human rights" as grounds for whatever it is they have a grievance against. When it comes to criminal / alleged criminal matters, as I said, there are exceptions.

To the OP - by all means try to find a relevant solicitor who can advise you for free for half an hour to clarify.

Evidence to the contrary

https://www.forbessolicitors.co.uk/b...ape-acquittal/

[Rights Fighter]

Each case is different and turns on its own merits.

One of the appeals I was heavily involved with resulted in a quashed conviction.

His partner supported him throughout and shortly after the successful appeal she kicked him out (nothing to do with the case). She applied to be a dinner lady and found the allegations against him, the conviction and the subsequent quashed conviction on HER, that is HER DBS (Enhanced CRB as it was then).

She applied to have it removed and was unsuccessful. Every case is different. Don't assume a solicitor will be able to do anything about it.

[Rights Fighter]

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But i do have 1 question that playing on my mind, when it goes totrail and hes found not guilty and aquited does it still show up on a dbs check or not. Just asking as he needs this to go back into his area of work and to ve able to move back in with myself. I read somewhere no matter what the outcome it stays on your record for 10 years but i dont believe it cam if a persons found innocent how can they be punished for a further 10 years

As another member has said, DBS has nothing to do with living with the family. That relates to work or voluntary work / contact with vulnerable people. Most people do not apply for DBS checks and it's nothing to do with family life.